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AhaBulb: Stuff Everyone Should Know · ahabulb.com/hipaa-personal-rep-executor

Who can act as a deceased patient's personal representative under HIPAA?

An executor or administrator with legal authority.

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  1. Any family member who asks
  2. An executor or administrator with legal authority ✔
  3. The hospital chaplain

Why: If an executor, administrator or other person has legal authority to act for the deceased person or the estate, the covered entity treats them as the personal representative.

Huh, didn't know that: A personal representative's rights cover only the PHI relevant to that role.

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References

Answer: An executor or administrator with legal authority. If an executor, administrator or other person has legal authority to act for the deceased person or the estate, the covered entity treats them as the personal representative.

  1. 45 CFR 164.502 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
    an executor, administrator, or other person has authority to act on behalf of a deceased individual or of the individual's estate
    Checked 2026-10-11.
  2. 45 CFR 164.502 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
    treat a personal representative as the individual for purposes of this subchapter
    Checked 2026-10-11.
  3. 45 CFR 164.502 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
    a covered entity must treat such person as a personal representative under this subchapter, with respect to protected health information relevant to such personal representation
    Checked 2026-10-11.

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